Claiming loss of earning after being stuck behind an accident.

chrisshayess

Hi guys.

You might think this is a daft question but...

If I am stuck on the motorway behind an accident due to careless driving, can I claim loss of earning from the person at fault??

End of the day the careless person had potentially endangered lives and caused other drivers to be late for their jobs and you possibly cannot make up that time/money lost.

I think it should be possible, but how would you go on to making such a claim?

Would it be as simple as contacting the police and asking them for the details or what?

forgotmyname

No. Maybe if you moved to America.

jobdone1

One can imagine the way insurance cost to us would go, Just think of the ten mile tale back on the m25 because of a two car accident i think the insured insurance company would go bust with ten miles of claims from hgv's, coaches plus 56 passengers, vans cars real world springs to mind.

OnanTheBarbarian

No claim, there has been no breach of duty of care to you directly as you were not involved in the collision, so no valid claim in law.

Forget it

David_InsDef

I have to say; it staggers me that people even think like this.

InsideInsurance

Your loss will be deemed to remote to the incident.

The other one that surfaces fairly regularly is where a TP is injured and received sick pay that the employer tries to recover the sick pay from the at fault party but they similarly are too remote.

agrinnall

I kind of agree with Clarkson's view on this, that delays following an accident are due to over zealous investigation by the police or Highways Agency. When you consider the cost of the investigation itself plus the cost to the nation of the time lost by holding up thousands of people (and fuel wasted queuing or crawling) then it could easily be cheaper to simply pay the people involved a sum from the Exchequer for injuries/deaths and property damage. It'll never happen but it's also unfair for the burden to fall on those impacted.

InsideInsurance

agrinnall wrote: »

it could easily be cheaper to simply pay the people involved a sum from the Exchequer for injuries/deaths and property damage. It'll never happen but it's also unfair for the burden to fall on those impacted.

1) How do you get a list of all the people impacted without delaying the thousands of people further as you ID them all?

2) How do you then stop people starting to intentionally join local traffic jams to get a second income?

OnanTheBarbarian

InsideInsurance wrote: »

Your loss will be deemed to remote to the incident.

The other one that surfaces fairly regularly is where a TP is injured and received sick pay that the employer tries to recover the sick pay from the at fault party but they similarly are too remote.

If the employment contact has the right wording, the sick pay is recoverable.

RuthnJasper

David_InsDef wrote: »

I have to say; it staggers me that people even think like this.

Me too. Whenever I pass, or am held up by, an accident I feel little besides sympathy for those involved and the emergency services having to deal with it and gratitude that it was not me or my family involved.

InsideInsurance

OnanTheBarbarian wrote: »

If the employment contact has the right wording, the sick pay is recoverable.

Not from the TP directly, it becomes recoverable from the claimant and thus in turn from the TP.

A contract between claimant and their employer cannot be directly binding to the random TP